Shia Association of Bay Area, Inc., et al v. UNITED STATES OF AMERICA et al

Filing 15

STIPULATION AND ORDER ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION re 14 . Signed by Judge Jeremy Fogel on 4/15/11. (dlm, COURT STAFF) (Filed on 4/19/2011)

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MELISSA LEIBMAN, NYSBN 4442877
Trial Attorney
United States Department of Justice
Office of Immigration Litigation, DCS
450 5th Street, NW
Washington, DC 20001
Tel: [phone]; Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants
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Marc Van Der Hout, California Bar No. 80778
Stacey L. Gartland, California Bar No.184694
Van Der Hout, Brigagliano & Nightingale, LLP
180 Sutter Street, Fifth Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE

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No. 11-01369 JF

Shia Association of Bay Area, Inc. et al,

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STIPULATION for Order on PLAINTIFFS’
MOTION FOR PRELIMINARY
INJUNCTION;
and
------------------ ORDER
[PROPOSED]

Plaintiffs,

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v.

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United States of America, et al,
Immigration Case, Mandamus, Administrative
Procedure Act Case

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Defendants.

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Before: Honorable Jeremy Fogel
Date: May 6, 2011
Time: 9:00 AM

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STIPULATION RE PI MOTION

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Case No. 11-01369 JF

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Pursuant to Civil Local Rules (Civil L-R) 7-12, the parties hereby respectfully request

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that this Court approve the parties’ stipulation regarding Plaintiffs’ Motion for a Preliminary

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Injunction. The parties agree to the following terms:

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1.

DHS agrees to facilitate Plaintiffs Nabi Raza Mir and Syeda Gulshan Zahera’s

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return to the United States at time of their choosing and convenience, if Mr. Mir and his

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wife agree to (a) bring their previously provided Form I-512 Advance Parole documents

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with them to the airport in Bangalore, India to facilitate this process; and (b) provide their

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travel plans to DHS by reporting such plans to counsel for Defendants approximately one

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week before the date of his flight to return to the United States, in order to allow enough

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time for DHS to take the appropriate actions that will make travel possible; and

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2.

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under the law, including the Immigration and Nationality Act, upon his return to the

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United States; and

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3.

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individual within DHS, including to the extent appropriate an individual posted at the

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United States Embassy in New Delhi, who the Plaintiffs may contact regarding any

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difficulties boarding their agreed upon flight at Bangalore Airport.

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4.

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time in case any issues arise with the proposed return of Mr. Mir and his wife to the U.S.

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but agree that the briefing schedule may now be stayed pending resolution of the matters

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with respect to the Preliminary Injunction Motion.

DHS will provide Mr. Mir and his wife all of the rights and process due them

DHS will provide to Plaintiffs, through counsel, the contact information for an

The parties request that the May 6, 2011 hearing date be kept on calendar at this

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STIPULATION RE PI MOTION

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Case No. 11-01369 JF

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Dated: April 13, 2011

Respectfully submitted,

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/s/________________
Marc Van Der Hout
Stacey Gartland
Van Der Hout, Brigagliano & Nightingale, LLP
Attorneys for Plaintiffs

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Dated: April 13, 2011

Respectfully submitted,
/s/________________
Melissa S. Leibman
Trial Attorney
United States Department of Justice
Office of Immigration Litigation, DCS
Attorney for Defendants

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Pursuant to stipulation, IT IS SO ORDERED.

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4/15/11
Date: _________________

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Hon. Jeremy Fogel

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United States District Judge

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STIPULATION RE PI MOTION

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Case No. 11-01369 JF